RAMDULARI MATABDALSINGH Vs. MEERABAI BHARATSINGH BAGHEL

JUDGEMENT

(1.) This is second appeal by the defendants against whom a decree has been passed. The parties shall hereinafter be referred to as plaintiffs and defendants.

(2.) The facts giving rise to this appeal are as follows - Plaintiff no.1 Meerabai is the legally wedded wife of one Bharatsingh, who was the owner of field Survey No.6/1, admeasuring 29 acres of village Dadapur in Chandrapur district.

(3.) Hanumansingh and Ramnathsingh were the real brothers but were separate in mess and property. It is the contention of the plaintiff that plaintiff no.1 was in possession of the property consistently since 1952. However, Bharatsingh instituted a Civil suit against the plaintiff in 1964 for possession of the same. The suit was resisted by plaintiff no.1. The suit came to be dismissed by the Civil Judge,Waroda. Bharatsingh, therefore, preferred an appeal before the District Judge, Chandrapur. The appeal was allowed and the suit was decreed. As a result of this, plaintiff no.1 Meerabai preferred a second appeal in the High Court in the year 1966. During pendency of this appeal, it is alleged that Bharatsingh executed a second agreement of 1968 and thereafter also executed a Will of 1973. Bharatsingh died on 1/5/1974 during pendency of this appeal. The plaintiffs submit that since plaintiff no.1 was the only heir left behind by Bharatsingh, she did not prosecute the appeal further. Second appeal was, therefore, disposed of by the court on 13/7/1975. The defendants, however, applied for execution of the decree that was passed in favour of Bharatsingh. In pursuance of that decree, it is alleged that the plaintiffs were dispossessed. It is the contention of the plaintiffs that when defendants substituted their names in the execution court, no notice whatsoever was given to the plaintiffs and they have been illegally dispossessed. In view of this, the plaintiffs sought possession of the suit property.